HomeMy WebLinkAbout13.B.1. Appeal of the Board of Adjustment and Appeals Determination for Kwik Trip, Inc.
/3. 8. I.
CITY OF SHAKOPEE
Memorandum
CASE NO.: 06-040
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner II
RE: Appeal of the Board of Adjustment and Appeals Determination on a Conditional
Use Permit for Kwik Trip, Inc., proposed at Crossings Boulevard and County
Road 18
DATE: Apri14,2006
INTRODUCTION
Lisa Masica, resident of the Riverside Fields subdivision, has filed an appeal of the Board of Adjustment
and Appeals (BOAA) decision concerning a conditional use permit (CUP) for Kwik Trip at their
proposed site at Crossings Boulevard and County Road 18. Ms. Masica has included a letter with her
appeal application that addresses her rationale as to why this application should be denied. Additionally,
staff has received an e-mail from Glen Armes, also a resident of Riverside Fields, who expresses similar
concerns regarding the proposed Kwik Trip 24 hour gas station and car wash.
The Board of Adjustment and Appeals held a public hearing on a conditional use permit (CUP) and
variance request for K wik Trip at its March 9, 2006 meeting, and by a 6-1 vote, the Board approved the
CUP request, with revised conditions. The Board determined that the request did meet all of the criteria
required for granting the CUP, subject to the revised conditions. It should be noted that Kwik Trip had
submitted revised plans to staff just prior to the Board review of this request, having made a number of
changes that addressed staff and neighbor concerns. Those revised plans are attached to this report.
Additionally, staff has attached, besides the letters from neighbors as part of the Board packet, a copy of a
traffic review from the applicant's engineer, and some materials from a resident concerning gas station
health related issues.
A copy of the March 9,2006 CUP and variance staff report to the Board of Adjustment and Appeals,
which includes in the draft resolution language approving the CUP request, is attached for the Council's
reference.
AL TERNA TIVES
1. Uphold the determination of the Board of Adjustment and Appeals, and direct staff to prepare a
resolution for the Council's consent agenda that is consistent with that decision.
2. Uphold the appeal of the applicant, thereby denying the requested CUP, and direct staff to
prepare a resolution for the Council's consent agenda that is consistent with that decision.
3. Table the appeal for additional information.
ACTION REQUESTED
Offer a motion directing staff to prepare a resolution for action at the next meeting, and move its
adoption. ~ k-
Mark Nob .
Planner II
g: \cc \2006\04-04 \appeal kwiktripCUP. doc
March 10, 2006
Lisa Masica
1834 Penstemon Lane
Shakopee, MN 55379
952-403-1643
RE: Appeal to the City Council for CUP approved by the Planning
Commission/80M
Mayor and Members of the Council,
We urge you to take a closer look at some unresolv~d issues that we believe did
not meet the specified criteria for the CUP approved by the Planning
Commission/80M. We believe that the following criteria were not met...
Criteria #1: "The use will not be injurious to the use and enjoyment of
other property in the immediate vicinity for the purposes already permitted,
nor substantially diminish and impair property values within.the immediate
vicinity;"
Criteria #3: "Adequate utilities, access roads, drainage, and other
necessary facilities have been or will be provided;"
Criteria #4: "The use is consistent with the purposes of the zone in which
the applicant intends to locate the proposed use;"
In addition, we urge you to make further. amendments to the CUP and/or
table this issue until further review and study is completed. We believe that it is
to the benefit of the neighborhood, the city and ultimately the developer of these
properties that we make the right decisions the first time.
We would like to bring to your attention that because this is zoned a
Planned Residential District the development falls under the Neighborhood
Commercial ordinance. This ordinance reads as the following...
. Subd. 1. Purpose. The purpose of the Neighborhood Commercial zone is to
provide areas for the development of low-intensity, service-oriented uses for surrounding
the immediate residential areas. Immediate residential areas are understood to be those
that are generally within five (5) minutes walking distance of a neighborhood commercial
area. (Ord. 563, November 25,1999)
We believe that the introduction of Kwik Trip is neither of low intensity
nor will be used mainly by immediate residential areas. Further, we strongly
feel that this ordinance was written specifically to protect residents and
neighborhoods exactly like the one we live in. There are five specific uses that
are permitted by neighborhood commercial- retail; administrative, executive, and
professional offices; medical or dental clinics; services; and public buildings. We
would welcome these uses as they follow the guidelines of low intensity and their
service hours are compatible with the neighborhood.
Although a gas station is one of the uses permitted with conditions, we
believe that because of the proximity to the neighborhood that these conditions
need to be strict and severely limit the impact this type of establishment will have
on the surrounding residents. We believe that it is the duty of the Council to
protect residents against businesses that would negatively impact the
enjoyment and property values of our neighborhood and thereby putting
the citizens well-being before the profit of companies like Kwik Trip.
Traffic Design
The current design of the road will not allow for the types of vehicles such
as semi-truck trailers and gas tankers to move freely. This is an issue that we
have all discussed before. We as neighbors ask that you table the approval of
this CUP until further study can be done and we have a solution.
There is currently no way for a truck to exit out of the commercial
d,evelopment without driving through our neighborhood. This is a problem
that needs to be solved before any permits are approved as every establishment
in this development will have some sort of delivery truck that will not be able to
exit without severely impacting a residential neighborhood.
Number of Pumps
The proposed plan asks for ten pumps with a total of twenty fueling
stations. A gas station of this magnitude is bound to make a significant impact
on traffic and is not low intensity. The closest gas station in a zoning of B-1 has
only six pumps and twelve fueling stations; significantly fewer than the Kwik Trip.
is proposing. We have yet to find another gas station in the metro area that has
10 pumps other than the Kwik Trip (on Co: Rd. 83 and Co. Rd. 42) and the
Sam's Club gas station. This is not the location to encourage more traffic. If
anything, in keeping with the idea of neighborhood commercial, this station
should have, at a minimum, the same amount if not fewer than other gas stations
. in the metro area. We urge you to significantly reduce the number of fuel
pump stations, preferably down to six.
'Hours of Operation
Currently Kwik Trip is requesting 24 hours of operation. Again, this does
not follow the intent of neighborhood commercial. We do not believe that it is in
the best interest for the neighborhood to encourage traffic and people throughout
the entire night. We believe it will negatively impact the resident's safety. peace
, of mind and enjoyment of their home and neighborhood. When we asked Mr.
Tygen, the CFO of Kwik Trip, the need for a twenty for hour station he replied
with a chuckle. "We don't want our customers developing a bad habit." We do
not take this comment lightly and it is clear that he is more concerned about the
profitability of his station than the enjoyment and safety of the residents. We
believe that is important enough to close the c.ar wash at 11 p.m. to 7 a.m.
because of the impact the noise might have on the neighbors, but somehow we
have set aside how the introduction of people at those same hours will impact th'e
neighborhood.
We are also concerned with the precedent a 24 hour operation sets up for
other establishments in this development. Potentially if every establishment, or
even half, asked for the same condition we could have an even bigger problem.
We believe that any business in this area should close no later than eleven
o'clock at night and open no earlier than five in the morning.
This 'commercial development is as much a part of the neighborhood as
any of the residential homes and we believe its proximity makes it unique to any
other development we have seen in Shakopee.
As residents we believe it is important to look - at the description of
Neighborhood Commercial and to hold all establishments to the required
standards such as low intensity and servicing immediate residential areas. The
purpose of a conditional use permit is so that the establishments that are placed
in a particular area can be limited with certain conditions so that each may exist
in harmony with one another. I believe that with the exceptional service Kwik
Trip claims to have and given the location it will flourish even with only six pumps
and operating under our requested hours.
As the Council, Kwik Trip will make requests for various conditions; we,
the neighbors and citizens of Shakopee, have made ours. We hope that you fall
on the side of the people whom reside in this community. 'We elect you as
representatives to look out for our best interests and we believe we have pointed
out what is best for our neighborhood.
R~Q;3~ds, ~
.f'"'/-
.,>04~.~,#'r
..1" I..:lsa Masl a
Mark Noble
-
From: Michael Leek
Sent: Monday, March 20, 2006 4:29 PM
To: Mark Noble
Subject: FW: Kwik Trip Gas Station built in Riverside fields Backyard
FYI.
From: Glen and Lynele Armes [mailto:lgarmes@armesnet.com]
Sent: Monday, March 20, 2006 6:39 AM
To: John Schmitt; Steve Clay; terryjoos@hotmail.com; Steve Menden; mlehman@mn.rr.com; Michael Leek; Kris Wilson; Ed
Schwaesdall; Mark Themig; Bruce Loney; Dan Hughes; Mark McNeill
Subject: Kwik Trip Gas Station built in Riverside fields Backyard
Greetings,
I am a resident of RiverSide Fields and have been made aware that a gas station is going to be our new neighbor. This worries
me, in that this is not how we want to grow Shakopee. Building gas stations connected to residential areas is bad for property
value, not to mention the health concerns for immediate neighbors. Traffic, crime and other issues related to gas stations are great
concern for my family and I. I really hope our elected officials and representatives will not let the gas station be built at the targeted
location. There is plenty of commercial real estate in this area to build a gas station. The appeal is set for April 4th and I hope that
you will assist and getting the gas station denied.
Thank you,
Glen Armes
651-303-9705
03/21/2006
Riverside Fields Community Rajeev K Rai
Shalini RailArnav Rai
AppeallPetition 8425 Blazing Star Circle
Shakopee, MN 55379
March 31, 2006
Mayor & Members of Council,
City of Shakopee, MN
Dear Mayor & Members of the Council:
As a concerned residents Riverside Fields community we approach you with great confidence in our city
planning systems to balance the economics of development and safety of residents.
A gas station and a fast food restaurant is not the type establishments found within 75-200 feet of single family
homes and adjacent to a community swimmina pool which you have approved in the past. as a part of the
community. After reading the PRD zoning & Neighborhood Commercial zoning code, it is not the spirit & intent
of these zones to have high traffic commercial establishments and 24 hours usage.
In addition we were very disappointed with how the.board of planning commission casually debate & discuss
these issues. We were not looking for positive outcome but a healthy discussion
We understand that these lots are zoned as PRD and with CUP's the Gas station is a potential usage as per the
zoning. Please consider the fallowing aspects while making your decision:
a. Access to these establishments should be considered with careful considerations of vehicle
movements of all sizes and shapes and the adiacency to the pool. Attached is our visualization of what
this looks like using the Scott county GIS Maps.
a. At this timewe would like to bring to your attention that in the last meeting of the City Council
on Feb 21st, Mayor and the council members were very concemed about the types Of
establishments planned and the access issues. The preliminary plat was approved with
conditions that developer/tenant will do the updates to access,as needed in the future.
b. We would like the Traffic study & finalization of access issues prior to any usage being
approved even preliminarily. The have been multiple proposals for access but no decision &
funding by city to make a decision.
b. The intersection of Crossing Blvd & Penstemon lane as per the current design will promote movement
of delivery vehicles and consumers to go through the entire residential neighborhood, due to the narrow
turning lane.
c. We would like you to consider the following conditions for these establishments based on the proximity
to the residential area & aesthetics of the area;
a. The proposed 24 hours Usage is not acceptable with such proximity to the residential
neighborhood and is not the intent of neiahborhooCl commercial zone.
b. Strict Restricted times for large vehicles access either early in the morning or after 8.00 p.m.
c. Access issues to prevent movement of consumer only/delivery vehicles through the
neighborhood (Penstemon lane).
d. No big Gas Station Signage and very subtle signage on the building. The signage should be
ONLY 1 for the entire set of commercial establishments towards the proposed Ctv Rd 21
e. The proposed burming and buffering is not adequate to prevent
i. Noise pollution to the neighbors
ii. Light Pollution & Headlight wash - No mega Neon signage except and heights
exceeding the neighboring houses.
. Page 2 March 31, 2006
d. The demographics of this neighborhood is relatively young people with small children. The proposed
establishments definitely compromise the safety of our kids in & around the swimming pool and around
neighborhood due to the nature of traffic & all outflow traffic coming out from the commercial
establishments next to the pool including Delivery Trucks. We would welcome the usage of small office
bldgs, Child Care Center, Dr's Office or Banks, Restaurants like Panera or a Bagel company which our
open having hours from 7.00 -10.00 p.m or so.
e. We as residents strongly feel that the Builders of our communities Rvland & Centex did not provide
adeauate disclosure about proposed concepts plans/usage of this land. In addition they were in the
know of proposed concept plans for last 2 years and still chose to risk the safety of residents by putting
a swimming pool amenity next to it for. purelv marketina purposes and increase the valuation of their
homes.
f. As planning board members I urge to call on Ryland & Centex as well to state their position on this.
Also for the future I propose that this type of development should be approved all to-aether with
Planned Usaae and better appreciation of impact to the residential neiahborhood which is approved.
g. We have heard from the Mr. Soltou that he had proposals for a Child Care and a Pharmacy as well
after he had received the request for the Gas Station.
We believe that the owner of commerciallots/outlots adjacent to the Riverside Fields community should be able
to make productive use of the land at the same time not disturb the harmony & safety of the neighborhood. At
this time our view is that the proposed establishments are not the best uses for these lots.
I will bring a CD with pictures of the area & neighborhood for you to gain better appreciation of the issues
described above.
We are looking for your careful considerations of the issues.
Thanking you,
Regards,
(Rajeev K. Rai)
. Page 3 March 31 , 2006
8425 BLAZING STAR CIRCLE
SHAKOPEE, MN 55379
PHONE: 952-736-8260 (H)
612-327-3683 (C)
(Vijay Ramanathan)
8421 BLAZING STAR CIRCLE
SHAKOPEE, MN 55379
PHONE: 952-402-0695 (H)
(Sridhar Akula)
8433 BLAZING STAR CIRCLE
SHAKOPEE, MN 55379
PHONE: 952-930-1010 (H)
Cc: Mayor & Members of the City Council
.
CITY OF SHAKOPEE -:ti
Memorandum
CASE NO.: 06-021
TO: Board of Adjustment and Appeals
FROM: Mark Noble, Planner II
SUBJECT: Conditional Use Permit to allow a 24 Hour Gas Station/Convenience Store
. with a Car Wash; Variance for Freestanding Sign
MEETING DATE: March 9, 2006
REVIEWPERIOD: January 27, 2006 to May 26, 2006
Site Information
Applicant: Kwik Trip, mc.
Property Owner: Shakopee Crossings, LP
Location: Outlot B, Riverside Fields 3rd Addition (West of CSAH 18 and North of
Crossings Blvd.)
Current Zoning: Planned Residential District (pRD) Zone
Adjacent Zoning: North: Highway Business (B-l)ZonelPianned Unit Development
South: Planned Residential District (pRD) Zone
West: Planned Residential District (PRD) Zone
East: Community Commercial (CC) Zone
Compo Plan: Commercial
Acreage: .81,320 Square Feet (1.87 acres)
.MUSA: The site is within the MUSA boundary.
Attachments: Exhibit A: Location/Zoning Map
Exhibit B: Applicant Letter
Exhibit C: Site Plans/Elevations
Exhibit D: City Engineering Memorandum
Exhibit E: Natural Resource Specialist Memorandum
Exhibit F: Shakopee Public Utilities Memorandum
Exhibit G: Dale Everson E-mail
INTRODUCTION
Kwik Trip, Inc. has submitted an application for a conditional use permit to allow a 24 hour Gas
Station! Convenience Store with a Car Wash. Additionally, they have requested a Variance to .
allow a Freestanding Sign. The subject site is located at the northwest comer of CSAH 18 and
Crossings Boulevard (Exhibit A).
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Within the Platmed Residential District, neighborhood commercial developments are listed as a
conditional use. The purpose of the Neighborhood Commercial Zone is to provide areas for the
development of low-intensity, service-oriented uses for servicing the immediate residential areas
(described as those areas that are generally within five (5) minutes walking distance of a
neighborhood commercial area).
Kwik Trip is proposing the construction of a gas station/convenience store, with a detached car
wash located north of the convenience store (Exhibits B & C). The convenience store/gas station
is proposed to be a 24 hour operation. Additionally, they have asked for a canopy that would have
an overall height of 28 feet, instead of the maximum height of .18 feet provided under the City
Code.
The Board may be aware that this specific use was the subject of much discussion as the Planning
Commission and Council considered the preliminary plat of Southbridge Fields. A copy of the
Council report on that preliminary plat (which includes copies of some of the neighborhood
correspondence) is attached for the Board's information.
Specific design issues that should be addressed by the Board in reaching its decision on the
requested CUP and Variance include:
. The desirability of allowing an overheight canopy. Staff is recommending that this
variance not be granted.
. Whether the location of the canopy and site lighting will create any adverse impacts on .
the nearby residential properties. .
. Whether the proposed building materials and design are consistent with the City's design
standards (see City Code Section 11.60, Performance Standards, a copy of which is
attached).
. Modifications that may be required to the site and/or adjacent roadways to accommodate
truck turning movements.
. Whether the proposed site plan provides for adequate screening.
CONDITIONAL USE PERMIT:
City Code Sect. 11.87, Subd. 2. F., S. provides the following standards for the requested uses:
Gas Stations:
1. shall be screened from any adjacent residential zone. . .
. 2. shall not store any vehicles which are unlicensed and inoperable on the premises, except in
appropriately designed and screened storage areas.
3. shall not conduct automotive repair, assembly, disassembly, and maintenance of vehicles,
except minor maintenance such as tire inflation, adding oil and wiper replacement.
4. shall not have a public address system which is audible from any residential property.
5. shall provide stacking for gas pumps for at least one (1) car beyond the pump island in each
direction in which access can be gained to the pump. The required stacking shall not
interfere with internal circulation patterns or with designated parking facilities, and shall
not be located in any public right-of-way, private access easement, or within the required
parking setback.
6. shall not seU, store, or display any used vehicles.
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I.
7. may have a canopy which proj ects up to ten feet into the required front or rear yard setback.
The setback shall be maintained clear of all obstruction up to a height of thirteen feet. The
canopy shall have a maximum vertical thickness of three feet. The canopy shall have a
maximum height of 18 feet.
. Car Washes:
1. shall be located adjacent to an arterial street as identified in the comprehensive plan.
2. shall be screened from view from residential zones.
3. shall utilize a water conservation or recovery system.
4. shall provide stacking for at least three (3) vehicles per aisle. The required stacking shall
not interfere with internal circulation patterns or with designated parking facilities, and
shall not be located iri any public right-of-way, private access easement, .or within the
required parking setback.
Planning staff have noted that several trees/plantings are shown over utility service lines along the
south and west property lines. Although staff suggests that those plantings that are located in
conflict with the utility service lines be moved, it is imperative that plantings be provided in these
areas for screening purposes. Additionally, the photometric plan shows some areas where the light
levels exceed. one footcandle at the property line. The site lighting plan shall be modified to
ensure that installation of sight lighting be consistent with the City Code requirements. Regarding
the building design, it is noted that the store is 23' -6" tall, and is constructed of brick (as is the car
wash building). As previously noted, the buildings design and materials submitted do not appear
to comply with the minimum standards outlined in Section 11.60, Performance Standards of the
City Code. The incorporation of accent materials, additional windows on ID:ultiple sides of the
building, additional contrasting yet complimentary colors, and variation to the wall depths, shapes,
roof lines, and/or other design features may bring the building(s) in compliance with the minimum
requirements. Other design and performance standard conditions will be reviewed in more detail
at time of building permit, provided this request is approved.
Several city and outside agencies have also provided comments on this request, as follows:
e Engineering staff proposed several conditions, which have been included in the draft
.conditions of approval (Exhibit D). Those conditions include requests to modifY the
existing infrastructure to accommodate conditions of approval of the preliminary and final
plat of Southbridge fields, provide a traffic study and information/drawings showing truck
turning movements, and modification of the right-in/right-out access to Crossings
Boulevard.
. The Fire Inspector has commented that if approved, the project shall comply with all
applicable building and fire code requirements.
. The City Natural Resource Specialist provided a memorandum (Exhibit E) that noted
conditions of approval, including detailing recommended tree species to be planted on this
property.
. ShakopeePublic Utilities has provided a memorandum (Exhibit F) with conditions of
approval, including a condition that water service plans shall be revised and shall comply
with their requirements.
. The City Clerk commented that city licenses would be required for sale of beer and
tobacco.
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For the Board's use, staff has prepared a draft resolution approving the CUP with conditions of
approval, including those provided by the review agencies and those conditions specifically noted
in the City Code, and denial of the requested variance.
The applicant scheduled a neighborhood meeting on March 1,2006, making themselves available
to address the residential neighbors concerns. One neighbor (Dale Everson) provided staff an e-
mail in which he expressed a number of concerns (Exhibit G). A number of the issues expressed
by Mr. Everson have been shared by several other residential property owners in Riverside Fields,
at the time of Preliminary and Final Plat review of Southbridge Fields. The Preliminary Plat for
that project has been approved by the City Council, with several new/revised conditions from
. .
when the Planning Commission reviewed the application. Two conditions that will be carried
forward in this application by staff is that the configuration of the access points to Crossings
Boulevard shall be determined at the time of final plat approval of South bridge Fields, and that the
applicant/property owner shall be responsible for all future improvements to Crossings Boulevard.
FINDINGS
The criteria required for the granting of conditional use permits (per City Code Section 11.85,
Subd. 1) are listed below.
Criteria #1 The use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted, nor substantially
diminish and impair property values within the immediate vicinity;
Finding #1 The Bodrdfinds that the use will not be injurious to the use mid enjoyment of other
property in the immediate vicinity for the purposes already permitted, nor
substantially diminish and impair property values within the immediate vicinity,
provided the conditions noted in the resolution are met.
Criteria #2 The establishment of the conditional use will not impede the normal and orderly
development and improvement of surrounding vacant property for uses .allowed
in the area;
Finding #2 The Board finds that the establishment of the conditional use will not impede the
normal and orderly development and improvement of surrounding property for uses
allowed in the area, provided the conditions noted in the resolution are met.
Criteria #3 Adequate utilities, access roads, drainage, and other necessary facilities have
been or will be provided;
Finding #3 The Board finds that adequate utilities, access roads, drainage, and other necessary
facilities exist to serve the proposed use, provided the conditions noted in the
resolution are met.
Criteria #4 The use is consistent with the purposes of the zone in which the applicant
intends to locate the proposed use;
Finding #4 The Boardfinds that the use is consistent with the purposes of the Planned
Residential District, provided the conditions noted in the resolution are met.
Criteria #5 The use is not in conflict with the Comprehensive Plan.
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Finding #5 The Board finds that the proposed use is consistent with the purposes of the
Comprehensive Plan, which guides the subject property for commercial use.
VARIANCE:
K wik Trip has requested a Variance to allow a freestanding sign, where the Planned Residential
District/N eighborhood Commercial guidelines do not allow this type of sign. The City Code permits
waIl signs on the front and certain sides of the building, wall projecting signs, awnings, wall signs,
and area identification signs in the PRDlNeighborhood Commercial Zone.
FINDINGS:
Section 11.89, Subd. 2, of the City Code contains provisions for the granting of variances only if all
of the following circumstances are found to exist. Staff has provided draft findings for purposes of
discussion by the Board. The Board may use or modify these draft findings as it sees fit, as well as
propose other findings.
Criterion I:
The strict enforcement of the ordinance provisions would cause undue hardship because of
circumstances unique to the individual property under consideration. Undue hardship means
the following:
I.A. The property in question cannot be put to a reasonable use if used .under conditions
allowed by the official controls;
Finding 1.A. The property can continue to be utilized as a commercial development with signage
that would adequately identify the site yet comply with the regulations as stated. in the City Code.
The applicant could install wall signage that could adequately advertise the business/gas prices,
consistent with the City Code requirements.
1.B. The plight of the landowner is due to circumstances unique to the property;
Findiltg 1.B. The plight of the applicant/landowner is not due to circumstances unique to the
property. The circumstances are based on their desire for additional signage beyond what is
allowed by City Code.
I.C. The circumstances were not created by the landowner;
Finding l.e. The circumstances were created by the applicant/landowner as a result of their desire
foradduwnalsignag~
I.D. The variance, if granted, will not alter the essential character of the locality; and
Finding 1.D. The variance would alter the essential character of the locality.
1.E. The problems extend beyond economic considerations. Economic considerations do not
constitute an undue hardship if reasonable use for the property . exists under the terms of the
ordinance.
Finding 1.E. The problems do not extend beyond economic considerations.
Criterion 2:
It has been demonstrated that a variance as requested will be in keeping with the spirit and
intent of this Chapter.
S
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Finding 2.
The proposed variance would not be in keeping with the spirit and intent of Chapter 11 (Zoning) in
that it would allow additional signage beyond what is allowed by City Code. .
Criterion 3:
The request is not for a use variance.
Finding 3.
The request is not a use variance.
Criterion 4:
Conditions to be imposed by the Board of Adjustment and Appeals will insure compliance' to
prote~t the adjacent properties.
Finding 4.
(Dependent on the Board's action on the request.)
Criterion 5:
Variances in the flood plain overlay zone also shall meet the following criteria:
Finding 5.
(Not applicable since the property is not within the flood plain overlay zone)
ALTERNATIVES:
1. Approve Resolution No. PC06-021, a resolution approving the Conditional Use Permit as
presented, and denying the variance request to allow a freestanding sign; and move its
adoption. .
2. Approve Resolution No. PC06-021, a resolution approving the Conditional Use Permit, with
revised conditions, and denying the variance request to allow a freestanding sign, and move its
adoption.
3. Approve Resolution No. PC06-021, a resolution approving the Conditional Use Permit, with
revised conditions, and approve the variance request to allow a freestanding sign and direct
staff to prepare a resolution with findings as proposed by the Board, and move its adoption.
4. Deny the Conditional Use Permit and Variance, and direct staff to prepare a resolution with
findings as proposed by the Board.
5. The Board may continue the public hearing for additional information.
6. The Board may table the request for additional information.
RECOMMENDATIONS
Staff recommends Alternative No.1, approval of Res. No. PC06-021, as presented.
ACTION REQUESTED
Offer a motion approving Resolution No. PC06-021, a resolution approving the Conditional Use
Permit as presented, and denying the variance request to allow a freestanding sign, and move its
adoption. ~~
Planner .
g:\boaa-pc\2006\03-09\cupvarkwiktrip06021.doc
6
RESOLUTION NO. PC06-021
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW A GAS STATION IN THE PLANNED
RESIDENTIAL DISTRICT (PRD) ZONE; AND DENYING A VARIANCE TO ALLOW A
FREESTANDING SIGN.
WHEREAS, Kwik Trip, Inc., applicant, and Shakopee Crossings Limited Partnership, property
owner, have filed an application dated January 26, 2006 for a Conditional Use Permit to allow a gas
station under the provisions of Chapter 11 (Zoning) of the Shakopee City Code; and
WHEREAS, this parcel is presently zoned Planned Residential District (PRD) Zone; and
WHEREAS, the property upon which the request is being made is legally described as:
Outlot B, Riverside Fields 3rd Addition, Scott County, Minnesota; and
WHEREAS, notice was provided and on March 9, 2006, the Board of Adjustment and
Appeals conducted a public hearing regarding this application, at which it heard from the Community
Development Director and invited members of the public to comment.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT AND
APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS:
That the Board hereby adopts the following findings of fact;
Finding #1 The Board finds that the use will not be injurious to the use and enjoyment of other
property in the immediate vicinity for the purposes already permitted, nor substantially
diminishes and impair property values within the immediate vicinity, provided the
conditions noted in the resolution are met.
Finding #2 The Boardfinds that the establishment of the conditional use will not impede the normal
and orderly development and improvement of surrounding property for uses allowed in
the area, provided the conditions noted in the resolution are met.
Finding #3 The Board finds that adequate utilities, access roads, drainage, and other necessary
facilities exist to serve the proposed use, provided the conditions noted in the resolution
are met.
7
Finding #4 The Boardfinds that the use is consistent with the purposes of the Planned Residential
District (PRD) Zone, provided the conditions noted in the resolution are met.
Finding #5 The Boardfinds that the proposed use is consistent with the purposes of the
Comprehensive Plan, which guides the subject property for commercial use.
BE IT FURTHER RESOLVED, that the application for Conditional Use Permit No. PC06-021 is
hereby GRANTED, subject to the following conditions:
1. The site shall be developed consistent with the revised site/landscape plan (dated 3/2/06) and
revised elevation drawings (dated 3/7/06), except as specifically noted in the following
conditions.
2. Shall comply with design standards of the Planned Residential District (PRD) Zone/
Neighborhood Commercial Zone.
3. Shall comply with the applicable design and performance standards specified in the City Code.
4. Approval of the CUP does not constitute any approval for signage on the site. Any applicable
signage shall require an approved sign permit.
5. Shall be screened from any adjacent residential zone.
6. Shall not store any vehicles which are unlicensed and inoperable on the premises, except in
appropriately designed and screened storage areas.
7. Shall not conduct automotive repair, assembly, disassembly, and maintenance of vehicles,
except minor maintenance such as tire inflation, adding oil and wiper replacement.
8. Shall not have a public address system which is audible from any residential property.
9. Shall provide stacking for gas pumps for at least one car beyond the pump island in each
direction in which access can be gained to the pump. The required stacking shall not interfere
with internal circulation patterns or with designated parking facilities, and shall not be located
in any public right-of-way, private access easement, or within the required parking setback.
10. Shall not sell, store, or display any used vehicles.
11. May have a canopy which projects up to ten feet into the required front or rear yard setback.
The setback shall be maintained clear of all obstruction up to a height of thirteen feet. The
canopy shall have a maximum vertical thickness of three feet. The canopy shall have a
maximum height of 18 feet.
12. Shall be located adjacent to an arterial street as identified in the comprehensive plan.
13. Shall be screened from view from residential zones.
14. Shall utilize a water conservation or recovery system.
15. Shall provide stacking for at least three (3) vehicles per aisle. The required stacking shall not
interfere with internal circulation patterns or with designated parking facilities, and shall not
be located in any public right-of-way, private access easement, or within the required parking
setback.
16. Prior to any work within the City of Shakopee' s or Scott County's right-of-way, the applicant
shall obtain the appropriate permit(s).
17. Prior to any site work, the applicant shall obtain a grading permit and/or building permit.
18. The approval of the CUP shall be subject to certain conditions imposed upon the Southbridge
Fields preliminary plat and final plat. Revisions shall be made as required.
19. The developer/property owner(s) adjacent to any modifications to the existing infrastructure
required as a result of conditions imposed upon the preliminary plat and final plat of
Southbridge Fields.shall be responsible for the associated costs.
20. All modifications to the existing infrastructure required as a result of conditions imposed upon
the preliminary plat and final plat of Southbridge Fields shall be completed prior to building
permit issuance.
8
21. The applicant shall provide a detailed traffic study analyzing the impacts this proposed use
will have on adjacent streets.
22. The applicant shall provide drawings and information showing truck turning movements to
and from Crossings Boulevard.
23. The existing right-in/right-outintersection at Crossings Boulevard and the first access to the
Southbridge Fields commercial development shall be modified to a right-in only.
24. The building permit applicant shall be responsible for payment of all Trunk Storm Water
Charges and Trunk Storm Water Storage and Treatment Charges, as required by the most
current City of Shakopee Fee Schedule.
25. The storm sewer design for the site shall be subject to City of Shako pee approval at the time of
the building permit review. The design shall adhere to the previously approved storm water
management plan for the area.
26. The approval of the CUP does not constitute approval of the submitted drawings.
27. Access points to Crossings Boulevard shall be determined at the time of final plat approval of
Southbridge Fields.
28. The applicant/property owner shall be responsible for all future improvements to Crossings
Boulevard.
29. The project shall comply with all applicable building and fire code requirements.
30. Water serVice plans shall be coordinated with Southbridge Fields plans, and shall comply with
Shakopee Public Utilities requirements.
31. City licenses would be required for sale of beer and tobacco products.
32. The applicant shall provide 6 inches of topsoil below areas to be sodded. The soil composition
should be similar to the MnDOT topsoil borrow requirements.
33. The applicant shall provide rain sensors for any irrigation systems.
34. Erosion control silt fence shall be installed prior to any grading/construction on site. The
fence shall be removed following establishment of permanent vegetation.
35. The applicant shall plant a diversity of tree species to reduce the impacts of potential tree
diseases or epidemics that may occur in the future. Recommended tree species to utilize in
this area are:
a. Hackberry (Celtis occidentalis)
b. Northern Catalpa (Catalpa speciosa)
c. Bur Oak (Quercus macrocarpa)
d. Red Oak (Quercus rubra)
36. The applicant shall implement the use of Best Management Practices for erosion control and
stormwater management during construction.
37. Install plantings consistent with City Code requirements. Plantings located over utility
services aJid/or easements shall be relocated to avoid conflict with those areas.
38. The hours of operation for the car wash and deliveries shall be between 7:00 a.m. and 11:00
p.m.
39. The southernmost driveway access to the site shall be eliminated.
40. The median located at Crossings Boulevard and the first access to the Southbridge Fields
commercial development shall be designed to include an at grade curb opening to provide for
an accessible pedestrian and non-motorized traffic crossing.
41. The gas island canopy shall utilize brick columns in its construction.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE BOARD OF ADJUSTMENT
AND APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS:
9
That the application for Variance is hereby DENIED, based on the following findings with respect to
City Code Sec. 11.89, Subd. 2, "Criteria for Granting Variances."
Criterion I
The strict enforcement of the ordinance provisions would cause undue hardship because of
circumstances unique to the individual property under consideration. Undue hardship means the
following:
1.A. The property in question cannot be put to a reasonable use if used under conditions
allowed by the official controls:
Finding I.A. The property can continue to be utilized as a commercial development with signage that
would adequately identifY the site yet comply with the regulations as stated in the City Code. The
applicant could install wall signage that could adequately advertise the business/gas prices, consistent
with the City Code requirements.
l.B. The plight of the landowner is due to circumstances unique to the property;
Finding 1.B. The plight of the applicant/landowner is not due to circumstances unique to the property.
The circumstances are based on their desire for additional signage beyond what is allowed by City Code.
1.C. The circumstances were not created by the landowner;
Finding 1. C. The circumstances were created by the applicant/landowner as a result of their desire
for additional signage.
1.D. The variance, if granted, will not alter the essential character of the locality; and
Finding J.D. The variance would not alter the essential character of the locality.
1.E. The problems extend beyond economic considerations. Economic considerations do not
constitute an undue hardship if reasonable use for the property exists under the terms of the
ordinance.
Finding J.E. The problems do not extend beyond economic considerations.
Criterion 2
It has been demonstrated that a variance as requested will be in keeping with the spirit and intent
of this Chapter.
Finding 2 The proposed variance would not be in keeping with the spirit and intent of Chapter 11
(Zoning) in that it would allow additional signage beyond what is allowed by City Code.
Criterion 3
The request is not for a use variance.
Finding 3 The request is not a use variance.
Criterion 4
Conditions to be imposed by the Board of Adjustment and Appeals will insure compliance to
protect the adjacent properties.
Finding 4 (Dependent on the Board's action on the request.)
Criterion 5
Variances in the flood plain overlay zone also shall meet the following criteria: ......
10
Finding 5 (Not applicable since the property is not within the flood plain overlay zone)
Adopted by the Board of Adjustment and Appeals of the City of Shakopee, Minnesota, this 9th
day of March, 2006.
Chair of the Board of Adjustment and Appeals
ATTEST:
Community Development Director
11
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~ ... _ SubJect Property
SHAKOPEE ....... Shakopee Boundary
COMMUNttY l'RlDnSlNCI! 1ll$1 S C:J ZonIng BOUndcuy .
. [:J parcer Boundary
. Conditional Use 'Permit for 24.
Hour Gas Station/Store and
Variance for Free Standing
Signage
&H,~rr-,~
,
KW.fK Kwik Trip, Inc.
TR'P.. 1626 Oak Street. P.O. Box 2107
La Crosse, WI 54602.2107
Phone: (606) 781.8988 . Fax: (608) 781-8950
70 serve our customel'll end 'Ommunlty more effectively /han snyans else by treating our
customers, co-workers and suppUel'll a. we, personally, would like to be /reeted. .
DATE: January 24, 2005
TO: City of Shako pee
129 Holmes Street South
Shakopee, MN 55379
Atten: Mark Noble - Community Development.
FOR: Proposed Kwik Trip Store at Crossings Blvd and C.S.A.H. 18
Dear Mr. Noble,
This letter is intended to accompany our application to the City of Shakopee for the requested Conditional Use
Permit and variances.
Conditional Use Permit
K wik Trip Inc. is requesting a conditional use permit for placement of a 24 hour gas and convenience store with a
single bay carwash for.the above referenced site in the Riverside Fields 3rd Addition. Currently, the parcel is zoned
PRD which requires a C. U.P for all commercial uses. Included in this submission are all site and engineering plans,. .
along with building elevations for review. We feel this siteis well suited for the prop~sed use and that our operation.
would not have any adverse effects on current surrounding or proposed uses.
With in the C.U.P. Kwik Trip, Inc. is requesting an increased overall height of the proposed gas/fuel canopy. As
shown in the color elevations, we are proposing a peaked style roof with bricked columns. The total height of this
canopy would be 28'. Kwik Trip believes this style of canopy is more architecturally pleasing and creates a cohesive
unit visually with the proposed brick building.
Request for V mance
1. Kwik Trip. Inc. is requesting a variance to allow a freestanding price sign on site. The overall proposed
sign package. is included with this submittal. The presence of a freestanding signage amU)Ullcing current
fuel prices is critical to the operation and competitiveness of our stores. As shown in the sign submittal
package, the freestanding sign wou~d use brick style capped colunms to match both the building and
proposed canopy architecture.
K wik Trip .would be happy to provide any additional information or answer any questions or concerns the City of
Shakopee may have with our submission. Please feel free to call me at 608-793-6461.
Sincerely, ~
~,.
. .
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:~7J~(lc/L .~trzi:&t,~:J
Leah Nicklaus Berlin
Store Engineering
Kwik Trip TM Stores * Kwik StarTM Stores * Convenience Transportation TM, LLC * Tobacco Outlet Plus ™
Hearty PlatterTM * Hearty Platter Cafe™ * Hot SpOPM * Hot Spot™ Plus .
. cvH'tb\'r b,
,
City of Shakopee .
Memorandum
TO: Mark Noble, Planner II
FROM: Joe Swentek, Project Engineer
SUBJECT: Conditional Use Permit for a Gas Station/Convenience Store with Car Wash;
Variance for Free Standing Signage
(Outlot H of Riverside Fields 3rd Addition)
PID NO.: 27-379021-0
CASE NO.: 06021
DATE: February 23, 2006
The application indicates a request for a Conditional Use Permit for a gas station/convenience
store with a car wash and for a Variance for :free standing signage in an area proposed to be
zoned Planned Residential District (PRD) should the Southbridge Fields preliminary plat and
final plat be approved and recorded.
. Recommendation
After reviewing the above referenced application, the engineering department recommends
approval subject to the following conditions:
1. The approval of the CUP shall be subject to certain conditions imposed upon the
Southbridge Fields preliminary plat and final plat. Revisions shall be made as required.
2. The developer/property owner(s) adjacent to any modifications to the existing
infrastructure required as a result of conditions imposed upon the preliminary plat and
final plat.ofSouthbridge Fields shall be responsible for the associated costs.
3. All modifications to the existing infrastructure required as a result of conditions imposed
upon the preliminary plat and fmaI plat of Southbridge Fi.elds shall be completed prior to
building permit issuance.
4. The applicant shall provide a detailed traffic study analyzing the impacts this proposed
use will have on adj acent streets.
5. The applicant shall provide drawings and information showing truck turning movements
to and :from Crossings Boulevard.
C:\Documents arid Seuings\MNoblelLocal Settings\Ternporary Intemel FUcs\OLK9\Case.Nurnber.0602I.CUP.Gas.Sralion.Signagc (Oullel B RSF 3rd).doc
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6. . The existing right-in/right-out intersection serving as the first access to the site (West of
County Road 18) shall be modified to a right-in only.
7. The building permit applicant shall be responsible for payment of all Trunk Storm Water
Charges and Trunk Storm Water Storage and Treatment Charges, as requited by the most-
cun-ent City of Shakopee Fee Schedule.
8. The storm sewer design for the site shall be subject to City of Shakopee approval at the
time of the building permit review. The design shall adhere to the previously approved
storm water management plan for the area.
9. The approval of the CUP does not constitute approval ofthe submitted drawings.
C:IDocuments and'Selting5lMNobl.ILocal S.tlingsIT.mporary lnt.rn.t Fil.s\OLK9IC....Number.0602I.CUP.Gas.St.rion.Sign.g. (Outlot B RSF 3rd).doc
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,
,CITY OF SHAKOPEE
MEMORANDUM
To: Mark Noble, Project Manager
From: Ryan Hughes, Natural Resour~e Specialist
Date: February 15, 2006
Subject: Kwi,k Trip, Inc. CUP and Variance Application
Outlot B, Riverside Fields 3rd Addition
Based on a review of the application materials provided, the following are required
conditions for approval for the Kwik Trip, Inc. CUP and Variance application:
,1. The applicant provide 6 inches of topsoil below areas to be sodded. The'soil
composition should be similar to the MnDOT topsoil borrow requirements.
The following are recommended conditions for approval of the above mentioned Kwik
Trip, Inc. CUP and Variance application:
1. The applicant provide rain sensors for any irrigation systems.
2. Erosion control silt, fence be ,removed following establishment of permanent
vegetation.
3. The applicant plant a diversIty of tree species to reduce the impacts of potential tree
diseases or epidemics that may occur in the future. Recommended tree species to
utilize in this area are:
a. Hackberry (Celtis ocoidentalis)
b. Northern Catalpa (Catalpa spe%sa)
c. Bur oak (Querous maorocarpa)
d. Red oak (Quercus rubra)
4. The applicant implement the use of Best Management Practices for erosion control
and stormwater management during construction.
U:\Plan Review Memos\021506.Riverside Fields Kwik Trip,doc
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,
SHAKOPEE PUBLIC UTlLITIES COMMISSION
;M ....
"Lighting .the Way - Yesterday, Today and Beyond"
MEMORANDUM
TO: Shakopee Community-Development Department
FROM: Joseph D. Adams, Planning and Engineering Director
SUBJECT: . STAFF REVIEW RECORD COMMENTS for:
Conditional Use Permit for Gas Station/Conl"enience
Store with car wash and Variance for free standing sign age
CASE NO: . 06021
DATE: 2/24/06
COMMENTS: .
Municipai water service is avaiiable subject to our standard terms and conditions. These
includel but are not limited to: installing a lateral water main distribution system in
accordance with utility policy, paying the associated inspections costs, paying the Trunk
Water Charge, and paying the Wafer Connection Charge.
Underground electric service is available subject to our standard terms and conditions.
These include, but are not limited to= entering into an Underground Distribution
Agreement, granting any nece.ssary easements, and paying the associated fees.
Street Lighting installation is available subject to our standard terms and conditions.
These are contained in.the current City of Shako pee Street Lighting Policy, Applicant
, . .
m~st pay the associated fees.
Applicant should contact Shakopee Public Utilities directly for specific requirements
relating to their project.
Note: Water service plans show connecting to non~existent watermain. Plan'
revisions shall be coordinated with Southbridge Fields plans.
Post Office Box 470.. 255 Sarazin Street + Shakopee, Minnesota 55379-0470
(952) 445-1988 + Fax (952) 445-7767
eJe+<, Q fT" 'r
Mark Nobte
,
From: DEverson [deverson@mn.rr.com]
Sent: Sunday, February 26, 2006 5:09 PM
To: Steven D. Soltau; Andreas Bjorneby; Ashish Shah; Bala Karanam; Chemehra Bhimavarepru; Dan & Deb Schmitz;
David & Cyndy Hunter; Debasis Das; Doub & Andrea Hawkinson; Jagian Muttasseri/; Sherry Blair; Jeff Brinkman;
Leslie Wolf; Lisa Masica; Mary Zielund; Michael Smetak; Murali Mohan; Raj Vallamkondu; Raja Poranki; Rajeev
Rai; Rman Patole; Sahjam Valium; Scott & Deb Ridgeway; Seth Quiggle; Sreeni Gaddam; Steph Duval; Tracy &
Marc Oliver; Vladan Pulec & Katerina Pulcova
Cc: ' Mark Noble; Sam VanTassel
Subject: Re: Southbridge Filedsl Kwik Trip Neighborhood Meeting
1 traveling that day, so I can't attend, but here, are my concerns I not any order..Lighting spill into the neighborhood, Hours of
leration, security. Garbage how often to they police site; architecture, is it compatible with the neighborhood, screening to'
lighbors. how many pumps? ,can the n'umbers be reduced if the people feel there are too many..timing of deliveries.. I would
afer it not be there I would hope the city would reject this type of usage so close to a neighborhood
---- Original Message ---
From: Steven D. Soltau
To: Andreas Biorneby; Ashish Shah; Bala Karanam; Chemehra Bhimavarepru ; Dale & Maraie Everson; Dan & Deb Schmitz;
)avid & Cyndy Hunter; Debasis Das ; Doub & Andrea Hawkinson; Jagian Muttasseril ; Sherry Blair; Jeff Brinkman; Leslie
Nolf; Lisa Masica ; Mary Zielund ; Michael Smetak; Murali Mohan; Rai Vallamkondu ; Raia Poranki; Raieev Rai ; Rman
:latoJe ; Sahiam Valluru ; Scott & Deb Ridaeway ; Seth auigale ; Sreeni Gaddam ; Steph Duval; Tracy & Marc Oliver ;, Vladan
:lulec & Katerina pulcova
~c: Mark Noble; Sam VanTassel
,ent: Friday, February 24,2006 12:05 PM
Subject: Southbridge Filedsl Kwik Trip Neighborhood Meeting
{epresentatives from Kwik: Trip will conduct an informal informationalmeeting on March 1,2006 at the Southbridge
)ne office building from 6:30-8:00 P.M. 'This invitation is only being delivered through e-mail; so please feel free'to
~hare this information with friends and neighbors that may have an interest in attending this meeting. I will also be
Lttending the meeting and look forward to working with you to address some of the concerns that have been brought
o our attention. If you cannot attend or have any questions, please feel free to contact me.
lteve
:teven D. Soltau
:hakopee Crossings Limited Partnership
170 Old Carriage Court North, #210
:hakopee,:MN 55379
952) 465-3939
'ax (952) 465-3936
Soltau@visi.com
, ,
03/03/2006 10:22 FAX 9964343 BEST BUY MARKETING GROUP 141002
.
RiVerside Fields Community Rajeev"K Ral
Shalinl RallAmav Rei
AppeallPetition 8425 Blazing Star Circle
Shakopee. MN 55379
March 3. 2006
Chairman & Members,
Board of Planning Commission,
, City Df ShakDpee, MN
Dear Members of the Board:
Asa concerned residents Riverside Fields community we approach you with great confidence '.n our city
planning systems to balance the economics of development and safety of residents. :
A gas station and a fast food restaurant is not the type establishments fDund wifhin 75-200 feet of Sil'.lgle family
homes and adjacent to a community swimmino pool which vou have approved in the past as a i:lart of the
community. After reading the PRO zoning & Neighborhood Commercial zoning code, ills not the sp:rit & intent
of these zones to have high traffic commercial establishments and 24 hours usage.
We understand that these lots are zoned as PRO and with CUP's the Gas station is a potential usage as pe~ the
zoning. Please consider the following aspects while making your decision: :
a. Access to these establishments should be considered with careful considerations ,of vehicle
movements of a/l sizes and shapes and the adiacencv to the pool. Attached is our vlsuaHzatlnn of what
this looks like using the Scott county GIS Maps.
a. At this time we would like to bring to your attention that in the last meeting of the City Council
on Feb 21St, Mayor and the council members Were very concerned about thc~ types of
establishments planned and the access issues.' The preliminary plat was appj'oved with
conditions that developer/tenant will do the updates to access as needed in the futurr~.
b. We would like the Traffic study & finalization of access issues prior to any u~l3ge being .
approved even preliminarily. The have been multiple proposals for access but no !i:lecision &
funding by city to make a decisIon. I
b. The intersection of Crossing Blvd & Penstemon lane as per the current design will promote ~!'I1ovement
of delivery vehicles and consumers to go through the entire residential neighborhood, due to :!:he narrow
turning lane.
c. We would like you to consider the following conditions for these establishments based on thi'l proximity
to the residential area & aesthetics of the area:
a. The proposed 24 hours Usage is not acceptable with such proximity to the I residential
neighborhood and is not the intent of neiQhborhood commercial zone.
, '
b. Strict Restricted times for large vehicles access either early in the moming or after 8:;)0 p.m.
c. Access issues to prevent movement of consumer only/delivery vehicles through the
neighborhood (Penstemon lane). ;
d. No big Gas Station Signage and very subtfe signage on the building. The signag~' should be
ONLY 1 for the entire set of commercial establishments towards the oroposed Ctv Rd 21
e. The proposed burming and buffering is not adequate to prevent
i. Noise pollution to the neighbors
ii. Light Pollution & Headlight wash - No mega Neon signage except ai"ld heights
exceeding the neighboring houses. i
d. The demographics of this neighborhood is relatively young people with small children. TM proposed
establishments definitely compromise the safety of our kids in & around the swimming pool ~ind around
neighborhood due to the nature of traffic & alf outflow traffic coming out from the (ommercial
03/03/2006 10:22 FAX 9964343 BEST BUY MARKETING GROUP @J003
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. Page 2 March 3, 20(;'6
"
establishments next to the pool including DeliverY Trucks. We would welcome the usage of ~mall office
bldgs, Child Care Center, Dr's Office or Banks, Restaurants like Pan era or a Bagel company which our
open having hours from 7.00 - 10.00 p.m or so.
e. We as residents strongly feel that the l3uilders of our communities Ryland & Centex did n'ot provide
adequate disclosure about proposed concepts plans/usage of thIs land, In addition they ~'ere in the
know of proposed concept plans for last 2 years and still chose to risk the safety of residents;:by putting
a swimming pool amenity next to it for purelv marketino Duroosesand increase the valuatipn of their
homes. :
f. As planning board members I urge to call on Ryland & Centex as well to state their positli:m on this.
Also for the future I propose that this type of development should be approved all to-d:sther with
. Planned Usaoe and better appreciation of imoact to the residential neighborhood which is approved.
g. We have heard from the Mr. Soltau that he had proposals for a Child Care and a Pharm6'C}' as well
after he had received the request for the Gas Station.
We believe that the owner of commerciallots/outlots adjacent to the Riverside Fields community shol~ld be able
to make productive use of the land at the same time not disturb the harmony & safety of the neighbc.r.rhood. At
this time our view is that the proposed establishments are not the best uses for these lots.
I will bring a CD with pictures of the area & neighborhood for you to gain better appreciation of j~e issues
described above. . .
. We are looking for your careful considerations of the issues.
Thanking you,
Regards, IjY
(Riljeev K. RaI)
8425 BLAZING STAR CIRCLE
SHAKOPEE, MN 55379
PHONE: 952-736-8260 (H)
. 612-327-3683 (C~
.tr \[ Ish <M ' eJlN
(Vijay Ramanath )
8421 BLAZING STAR CIRCLE
SHAKOPEE, MN 55379
PHONE: 952-402-0695 (H)
~d' ~
,,,,,c:\k (jyV
(Sridhar Aku a) "
8433 BLAZING STAR CIRCLE .
SHAKOPEE, MN 55379
PHONE: 952-930-1010 (H)
Cc: Mayor & Members of the City Council
03/03/2006 10:23 FAX 9964343 BEST BUY MARKETING GROUP raJ 004
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. Page 3 March 3, 20('6
Proposed Commerical Site Development Plan
Adjacent to the Riverside Fields Community
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2711140UO'
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fllYEJ\SIOf FIEI.OO
fSTAoomOM
"IllUSTRATIVE ONLY';
Not to Scale or Architecture F:icture
March 3, 2006
Lisa Masica
1834 Penstemon Lane
Shakopee, MN 55379
RE: Southfield Development and Conditional Use Permit for Kwik Trip Gas
Station
Members of the Planning Commission,
I am writing to you as a concerned citizen living in the Riverside Fields
neighborhood that is adjacent to the plot of land known as Southfield. As a
resident I have many concerns regarding the use of this parcel. As per city
ordinance this development falls closest under the constraints of Neighborhood
Commercial. This ordinance reads as the following...
Subd. 1. Purpose. The purpose of the Neighborhood Commercial zone is to
provide areas for the development of low-intensity, service-oriented uses for surrounding
the immediate residential areas. "Immediate residential areas are understood to be those
that are generally within five (5) minutes walking distance of a neighborhood commercial
area. (Ord. 563. November 25. 1999)
I believe that the introduction of Kwik Trip is neither of low intensity or will
be used mainly by immediate residential areas. Further, I strongly feel that this
ordinance was written specifically to protect residents and neighborhoods exactly
like the one we live in. There are five specific. uses that are permitted by
neighborhood commercial- retail; administrative, executive, and professional
offices; medical or dental clinics; services; and public buildings. We would
welcome these uses as they follow the guidelines of low intensity and their
services are more likely to draw the business of the immediate adjoining
. neighborhood.
. Although a gas station is one of the uses permitted with conditional use, I
believe that because of the proximity of the commercial area that these
conditions need to be strict and severely limit the impact this type of
establishment will have on the surrounding residents. I have several concerns
regarding the proposed plans.
Traffic Design
First and foremost the current design of the road will not allow for the
types of vehicles such as semi-truck trailers and gas tankers to move freely.
There is currently no way for a truck to exit out of the commercial
development without driving through our neighborhood. These types of
vehicles do not have a street radius large enough to make this turn. This fact
was confirmed to me by the developer, Steve Soltau. Currently no one from the
city has a clear answer for what should be done to alleviate this problem. We
have discussed with the council several solutions, such as making the first
entrance full movement, increasing lane size, and shifting the median. This is a
problem that needs to be solved before any permits are approved as every
establishment in this development will have some sort of delivery truck that will
not be able to exit without severely impacting a residential neighborhood.
Size and Orientation of the Station
The proposed plan asks for ten pumps with a total of twenty fueling
stations. A gas station of this magnitude is bound to make a significant impact
on traffic and is not low intensity. The closest gas station in a zoning of B-1 has
only twelve fueling stations; significantly fewer than the Kwik Trip is proposing.
Furthermore, the height of the canopy suggests that it would invite larger trucks,
semi~trucks and buses to use the fueling pumps. Already we know there will be
an issue with movement of these vehicles through our neighborhood. In addition
this goes beyond the idea behind neighborhood commercial. I urge you to
significantly reduce the number of fuel pump stations as well as shorten
the height of the canopy.
Next the orientation is such that is causes the greatest impact as far as
light and noise pollution. I feel that it would be best to orient the building such
that the back of the store faces outward toward Crossings Boulevard. I
believe we will achieve the most screening ?lnd blocking when using the building
as a barrier.
Various Concerns: Hours of Operation, Signage. Landscape Materials, etc.
There are several other aspects of the project that I feel need changing or
limitations. Currently Kwik Trip is requesting 24 hours of operation. This is in no
way keeping with the idea of neighborhood commercial. We do not believe that it
is in the best interest for the neighborhood to encourage traffic and people
throughout the entire night. We believe it will negatively impact the resident's
safety, peace of mind and enjoyment of their home and neighborhood. I believe
that any business this close to homes should close no later than ten o'clock at
night and open no earlier than five in the morning.
Furthermore, the height of the signage should be limited to less than
ten feet so as not to impact the neighborhood. The sight of the station should be
enough to draw people in and if we are true to neighborhood commercial the
majority of the clientele should be neighbors who won't see the sign from county
road 18 anyway.
The current berming plan illustrates only deciduous trees along the edge
of Crossings Boulevard. I believe a mix of both coniferous and deciduous
trees provides a better alternative to year round screening.
Along the bike path, there is a barrier which would hinder the free
movement of pedestrians or the like using that path. I believe it is important to
make a cut away in that triangular shaped median to allow for safe
movement of pedestrians using that pathway.
Last, it has been our experience from other Kwik Trip stores that we have
visited that there is a loud speaker playing music. We believe that this is
unnecessary and would ask that they have use of the loud speaker for
emergency purposes only.
As you can see there are many issues still to be worked out with this site.
Some of them have easy solutions others are much more complicated. As a
resident I believe it is important to look at the description of Neighborhood
Commercial and to hold all establishments to the required standards such as low
intensity and immediate residential areas.
This commercial development is as much a part of the neighborhood as
any of the residential homes and I believe its proximity makes it unique to any
other development we have seen in Shakopee. I urge you to make citizens and
people of the area the first. priority.
Regards,
Lisa Masica
Momorandum
1800 Pioneer Creek Center, Maple Plain, MN 55359 ,../"-'v'''"
~~Wenck
Phone: .763-479-4200 Fax: 763-479-4242
To: Steve Soltau, Shakopee Crossings
From: Jim Benshoof~o.~
Date: March 9, 2006
Subject: Supplemental Traffic Review for Proposed Development Southwest of CSAH 18 and
Crossings Boulevard
Wenck File # 1626-01
This memorandum is to address the following three points:
a) What was the prior plan that accounted for full access on Crossings Boulevard at the first
intersection south of CSAH 18? Attached is a drawing that was included in the Benshoof
memo report dated October 3,2003, which showed this potential full access.
b) What would be the effects on level of service at the Crossings Boulevard/CSAH 18
intersection if the presently proposed commercial development were approved and
constructed? In the Benshoof memo report dated October 3, 2003, we reported that the
Crossings Boulevard/CSAH 18 intersection would operate at level of service C during both
the a.m. and p.m. peak hours with the projected 2020 volumes. These projected volumes
accounted for the following development on the property subject to your current development
plans: 10,000 square feet of retail and 25,000 square feet of office. As we understand, the
current development plans consist of the following components instead of the preceding retail
and office uses: 8,000 square feet of retail, a gas station and convenience store, a fast food
restaurant, 11,000 square feet of office, and a drive-in bank. With these new uses, we have
projected that the p.m. peak hour trip generation for the overall property encompassed by
these uses would increase by 229 entering trips and 210 exiting trips. We have focused on
effects during the p.m. peak hour, because this combination of uses would have more impact
during this period than during the a.m. peak hour. We have allocated the increased trips by
turn movement through the Crossings Boulevard/CSAH 18 intersection and have analyzed
the associated effects on level of service. From this capacity analysis, we have determined
that the Crossings Boulevard/CSAH 18 intersection will accommodate the updated 2020 p.m.
peak hour volumes at level of service C, the same as with the 2003 traffic forecasts.
c) Would semi-trucks be able to adequately make the left turn from the north on the driveway
serving the commercial development to the east on Crossings Boulevard? We have
investigated this situation and have determined that semi-trucks could effectively accomplish
this maneuver, provided that the existing median on Crossings Boulevard is shortened by 50
feet to the north. This shortening of the median, together with use of double yellow striping,
is shown in the attached figure.
FIGURE 4
RECOMMENDED PlAN FOR 1
CROSSING BOULEVARD ,
.........._ 2 2003 0 <10' 80'
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Benshoof&AssocIates.Inc.
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March 9, 200S
I I Wenck Assocoates, lroc.
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WITH DOUBLE YEllOW STIRIP~INlG
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Gas 11.111111 Linked To Risk Of Childhood leukaemia
Living close to a garage or g:as station may quadruple the risk of acute
childhood leukaemia, suggests research published in the journal Occupational
and Environmental Medicine. The findings are based on 280 cases of acute
childhood leukaemia and a comparison group of 285 children matched for sex. The
children were drawn from four hospitals in France and almost two thirds (60%) of
the children with leukaemia were aged between 2 and 6.
The mothers of all the children were interviewed about their employment and
residential histories. There was no clear association between the mother's occupation
during pregnancy or levels of residential traffic and the risk of her child developing
leukaemia. But a child whose home was in the vicinity of a g'~'$ station or a
commercial garage that carried out repairs was four times as likely to develop
leukaemia as a child whose home was not close to these outlets.
The risk appeared to be even greater for acute non-lymphoblastic leukaemia. This
was seven times more common among the children living close to a petrol station or
commercial garage. The longer a child had lived close to a petrol station or
commercial garage, the higher the risk of leukaemia seemed to be.
Occupational exposure to benzene has been identified as a possible risk factor for
leukaemia in adults, say the researchers, and petrol ..111..) and commercial
garages are a source of benzene emissions.
"These findings, as far as we know, have never been described before, and could be
due to chance. However, the strength of the association and the duration trend are
arguments for a causal association," the researchers concluded.
tsenzeneCampmgn -.Facts about Benzene Page I of5
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.. Home Benzene Campaign
.. Benzene Campaign
.. Benzene Facts Benzene Facts
" Press Room Benzene Exposure and Leukemia
l!l Importants Links Your Right to Know about your Toxics in Community's Air
" Map
IS Take Actionl What is in ieopardy? Children's Health.
" Support OT A @)
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Benzene Cam})aign - Facts about Benzene Page 2 of5
....
being diagnosed with leukemia when repeatedly exposed to benzene. Leukemia
50%
What is benzene?
0j Benzene is a volatile, colorless, highly flammable liquid that is a natural component of crude and
refined petroleum. Almost 100% of benzene IS commercially derived from petrochemical and__
petroleum refining Industnes. It IS found In common consumer products such as glues, paints,
and marking pens. Benzene is also used in the production of other products, including
styrofoam, plastics, various resins, nylon and synthetic fibers.
How does benzene get into the air and into humans?
Benzene is released into the air from emissions from burning coal and oil, gasoline service
stations. and motor vehicle exhaust. Other sources include hazardous waste sites, underground
gasoline storage tanks that leak, waste water from industries that use benzene, chemical spills,
chemical manUfacturing sites, and petrochemical and petroleum industries (ATSDR). These
sources contribute to elevated levels of benzene in the ambient air, which may subsequently be
breathed by the public.
Benzene is brought into the human body primarily through inhalation and can also be absorbed
through the skin. In humans, respiratory uptake has been determined to vary from approximately
47% to 80%. For the general public, smoking is the largest human-generated source of benzene
exposure. The estimates of daily intake of benzene from a single cigarette vary: from 5.9 to 73.0
micrograms.
~ How is benzene harmful to health?
The EPA has classified benzene as a Group A, human carcinogen. There is no evidence for a
saTe tnresnolo level or exposure of benzene. A low-level exposure (2 ppm) increases the risk o~
leukemia as well as higher .Ievels of exposure.
1/
Benzene has been associated with a variety of maladies from internal bleeding to cancer. Short-
term exposure from inhalation can result in drowsiness, dizziness, headaches, tremors,
http://64.233.179.104/search?q=cache:2sjRkrwPIrkJ:www .oregontoxics.org/Benzene/Benzene F . .. . . . . .. ~ .... 1_',...__....
DCll.Z.t:llt: \..-aIUpm.gn - raCIS aOOut .tSenzene Page 30[5
confusion and/or unconsciousness.
Long-term inhalation exposure has caused various disorders including:
. increased incidence of leukemia (cancer of the tissues that form white blood cells)
· damage to blood cells (aplastic anemia) and internal hemorrhaging
· infertility for women
. reduced sperm quality for men
· adverse effects on the developing fetus (observed in animal tests)
~ Benzene and the link with Childhood LQ,Ykemia
, A strong correlation between childhood leukemia and proximity to gas stations, refineries and
automobile traffic has been established by multiple research studies.
France's national research institute recently published a study of 280 children with acute
leukemia. Two-thirds of these children were 2-6 years old when diagnosed. The study found that
children living near gas stations were four times more likely to have contracted Jeukemia~ These
children were seven times more likely to contract Acute Myelogenous Leukemia (AML).Ghildren
living for longer periods near a gas station experienced higher rates of leukemia.
r Another study in England tracking 22,458 children who died from leukemia or solid cancers
found that higher rates of childhood leukemia is associated with living near distributors and
. industrial users of petroleum products. .
A Journal of Occupational Medicine published in 1984 study found that infants whose fathers
work at gas stations, a high-exposure occupation. have a higher observed susceptibility to
develop acute leukemia. Compared to children of unexposed fathers, children whose fathers
. were occupationally exposed to benzene and alcohols used in industrial products were nearly 6
times as likely to develop leukemia if the exposure occurred prior to the pregnancy.
@ Exposure in proximity to gasoline servi~~_ ~tations
,
http://64.233.179.1 04/search?q=cache:2sjRkrwPIrkJ :www.oregontoxics.or Benzene/Ben ..~
tlenzene CampaIgn - Facts about Benzene Page 4 of5
According to OSHA, the legal exposure limit for breathing benzene is 1 ppm in an 8-hour period
and 5ppm in any 15 minute period. Exposure to benzene at gas stations can range from 1 - 32
ppm. Gasoline station workers and their families are at risk for exposure to benzene. Customers
of gasoline service stations maybe significantly exposed even within the cohfines of their
vehicle. People who live in proximity to gasoline service stations are also at risk. Residential
exposure has been observed at levels of up to 6.6 parts per billion (ppb) in outdoor areas that
are in close proximity to gasoline service stations.
~ Families living near gas stations or other petroleum product industries can experience long-term
effects without ever having short-term effects because repeated long-term effects can occur at
levels not high enough to make you immediately sick. This is especially true for children or
people who are already ill.
One recent study showed that when gas stations use benzene vapor recovery equipment,
attendants have reduced post-shift automobile accidents (less drowsiness and confusion from
exposure). The use of vapor recovery devices greatly reduces their level of exposure to
benzene.
Vapor-Control Equipment at Gas Station~ can Help
What is Stage One Vapor Control equipment? This is a system of valves and gaskets inside the
hoses of delivery trucks and the underground gas tanks. The equipment creates a vacuum that
recaptures fumes that would otherwise leak to the air when filling the tank. A gas station can
easily reduce its gasoline vapors by requiring trucks that fill the station's underground tanks to
use this system. A 1978 law requires gas stations in the Portland metropolitan area, Salem, and
Medford with an underground tank capacity of 1,500 gallons to install vapor control equipment.
As a result, gasoline delivery trucks have installed the equipment to do business in these three
metropolitan areas. However, equipment to control noxious fumes is not required in other cities,
including Eugene.
@ What Can We Do to Improve our Local Air ,Quality and Our Health?
Do you think Eugene parents should have the right to learn how much benzene is in the air near
their children? ThIS Will be the question when the Eugene City Council decides whether to add
gas stations to the list of Industn-alfaclhties that must report under Eugene's toxics right-to-know
law.
h" ://64.233.179.104/search? - a
- -------- --...t"'-~b.a..a. ... ~"''''u wouv......... ..L"I'\,I.1!.LJ\,,/J.J.'-' Page 5 0[5
Please let your Mayor and City Council know that you want to strengthen Eugene's Toxics
Reporting Program by including gas stations, petroleum product distributors, and other
businesses that use over 2,640 pounds of toxic chemicals.
Join Oregon T oxics Alliance in letting our elected officials and business leaders know that you
- value the Community toxics Right-to-Know program - that there is a public benefit to gaining
kn!>wledge about levels of air toxics in our community.
http://64.233.179.1 04/search?q=cache:2sjRkrwPlrkJ :www.oregontoxics.org/Benzene/Benzene_Facts.html+ as+ . .'
SITE DATA' ~
ZONING DISTRICT: PRO . I .. ~ I. - CONTRACTOR SHALL OBTAIN ALL NECESSARY PERMITS FOR PLANTING IN ALL _
TOTAL SITE AREA: 81,320 Sf 174,S10 Sf WIO R.O.WJ 1"'::;). ~ . . · ~\~ ~ ...:s.. \-r-1I!.. V ~ ~~:t.DSCAPE CpNTRACTOR SHALL VERIFY ALL UTILITIES WHICH MAY EFFECT HIS 11II,"'-
EX. HARDCOVER, UNDEVELOPED .~~ ~ .-.....,........, CONTACT GOPHER STATE ONE-CALL ."",.,
651-4S4-0002 (METROI
PROPOSED GREEN AREA, 25,208 Sf 34Yo 800-252-1166 (MINNESOTA TOLL FREEl 7J
PROPOSEO HARD COVER: 49,3025F 66Yo - LANDSCAPE CONTRACTOR SHA.LL COORDINATE HIS WORK WITH OTHERS AT SITE ~~rp
PAVED AREA: 42,252 SF S7YO AND COMPLETE HIS WORK peR OWNeRS CONSTRUCTlON SCHeDULe.
BUILDg:;~~~A: ~~~~ ~~ gYo - ALL PLANT MATERIALS SHALL BE GUARANTEED ONE 111 FULL YEAR UPON TOTAL
CAR WASH.. 1766 SF ~~~~;~;:~~E A~~:~~E~~~~C~E~~E~~N~;, ~~~R~NE TlME REPLACEMENT AT
- REPLACEMENT TOPSOll SHALL BE CLEAN, FREE OF STONES, WEEDS, AND OTHER / . / / //~/
UNDESIRABLE DEBRIS. . , / . /. / / /
- PLANTING SOIL MIX UNCIOENTAL COST [TEMI /S/T Q.R ES
. . . 1. MIX 1 LB. 5-20-20 COMMERCIAL fERTIL[ZER PER CU. YD. TOPSOIL // / ,o' '/
~ I SLIM JIM SCOTCH PINE <::::::; 2. THOROUGHLY MIX '-PART SAND AND '-PART PEAT MOSS WITH 5-PARTS /
T ~ :EU~~L~~~~~~g ~giL ~~\LL LOCATlONS PER DETAILS THIS SHEET.
14 I MICROBIOTA _ - LANDSCAPE CONTRACTOR SHALL VERIFY TOPSOIL DEPTH AND NOTIFY OWNER Of
,,- ANY DEFICIENCY.
I _ SOD SHALL BE CULTURED WITH PRE DOMINA TEL 'I' KENTUCKY BLUEGRASS SEED OF
21 I TANNENBAU M MUGO PINE ~41 ENDLESS SUMMER HYDRANGEA RECENT DISEASE RESISTANT INTRODUCTIONS. NO GUARANTEE ON SOD EXCEPT _. MfA W-
I T I ANY SOD NOT SATISFACTORY AT TIME OF COMPLETION INSPECTION SHALL BE
IR . D JE W R . . . \ PROMPTLY REPLACED PREDR TO COMPLETION OF JOB. STAKE SOD ON SLOPES 3,1 .
10 E EL C ABAPPLE 521 MINT JULEP JUNIPER AND GREATER. S *'
I I \ - EXISTING TREES, AS SHOWN ON THIS PLAN, SHALL BE PROTECTED DURING ALL
~ I NORTHERN PIN OAK PHASES Of CONSTRUCTION. . STAKE H[GH VISIBILITY POLY FENCING AROUND EACH I~
TREE AT DRIP LINE. REMOVE DAMAGED, DISFIGURED, AND DESEASED llRANCHES. I ~
_ .=... PRUNE FOR HEALTHY GROWTH HABIT.
I I p<I .v-~. ~{;; v, r-=~ SOD - WHERE EXISTING CONCRETEI ASPHALT AREAS ARE TO BE REPLACED WITH
I Iso 0 LANDSCAPING, PROVISIONS SHOULD 8E TAKEN TO COORD[NATE EXCAVATION Of
I Iso 0 SUBSOIL TO A DEPTH Of 2' WITH GRADING CONTRACTOR. REPLACE WITH
I ~ ----- -- ----7 .C~ -- .------------------------------- ---- ---- ---~ ----., COMPACTED TOPSOIL. ALL AREAS TO BE LANDSCAPED AND SODDED SHALL BE
I I _~ (~~ .' \~ r.L' V .1_ I GRADED SMOOTH AND EVEN.
I I I' \ ......... ~ . . . .. . - LANDSCAPE CONTRACTOR IS RESPONSI5LE FOR SODDING oM.!. AREAS WHICH ARE
I I... / ~ 5 0 0 51 (\ ~ m ~ /\"""'>. /\ ~ ,~~ . r ~ +. I DISTURBED 6Y CONSTRUCTION INCLUDING ALL R.O.W. AND ADJACENT PROPERTIES.
I=.=.=.~ _ I I ,'''''- l r7 l )' ~ + ' . LANDSCAPE CONTRACTOR TO INSTALL 'VALLEY VIEW', "6LACK DIAMOND" EDGING
I I I ~':I'Y'I'I'I'~I.Y.Y.lIl.Y.Y._., .Y.Y-+'V'. . .Y."'-!.UT.Y. .y. . . . . .y~. .Y.r.-y.y.y.y 11'- --------'. ,I AROUND ALL PLANTING BEDS AS SHOWN ON THIS PLAN. KWIK TRIP, Inc.
I I I 6r.'f,;, I ' 1 - USE SHREDDED HARDWOOD eARK MULCH. INSTALL 4" DEPTH. NO FILTER fABf;IC P.O. BOX 2107
I~ I " v.. . h VA .". OR EDGING AROUND ALL TREES AND SHRUB 6EOS. 1626 OAK STREET
'I II '~ I 1 BOULEVARD LINDEN iH~Ue:~HRES:RN . . ; i~:;'; .~:;,; .'~.~ I. ffl'v . GRAVEL MULCH SHALL 6E 1'" DIA. WASHED "RIVER ROCK". INSTALL 4" DEPTH LACROSSE WI 54602-2107
I"" I I . . ,... r-;' ~ r-;" .' ~, WITH APPROVED WEED FABRIC BARRIER IF INDICATEO PLAN. .
I I , . I g~~~~:;N Mp~'fN' .. v' ~ .' LANDSCAPE CONTRACTOR [5 RESPONSIBLE FOR IRRIGATION SYSTEM DESIGN AND PH. (6081 781.8988
I , \ I . ~ I . r-;v r: cj [NSTALLATION PER CITY LANDSCAPE SPECIFICATIONS. DESIGN SHALL BE FAX 16081 781-8960
1 I I - - - - - - - - ,/." '" >- I APPROVED 6Y OWNER PRIOR TO INSTALLATION. IRRIGATION DESIGN SHOULD
: I' I ...,;;;; =-.. I . 0.0 HO.o ~ ,...., "'-j I >.: I ,j ENCOMPASS ALLtANDSCAPE AREAS WITH SOD ANDI OR PLANTINGS, FROM CURB INSITES
: I ... ,--------, . I ,/ I I : , . ~ TO CURB. R.O.W. SHOULD BE IRRIGATED FROM SPRINKLER HEADS LOCATED WITHIN
: I. i ~ Q "~ I 00 ~21 IIl9 [!] 19 [!] (9J I ~ lJ ~b1l1 --j 0 : I :: / r' PROPERTY 5OUNDARY. CARE SHOULD BE TAKEN IN VICINITY Of ALL WALKS AND !>. !>.
, I I. I '-_______.1 I . ~ IOU ~ LJ ~.-' L.J I .,:. DRIVES TO MINIM[ZE OVER SPRAY. COORDINATE INSTALLATION OF ALL PVC SrrEPU.NMNGlAN'DscAPEAAtj:lmciURf,
3 r---------, _ _ . . SLEEVE UNDER DRIVE AREAS WITH GENERAL CONTRACTOR. 890' A"ec O"ve
4" OEPTH SHREDDED I . · I 00 ~21 I . \: ~ I r. . LANDSCAPE CONTRACTOR SHALL CLEAN ALL PAVEMENT AREAS AFTER ALL Eden P..;~~e .~'."~;~~to "437
MRK MULCH IN SHRUB, ' . II "'LA l' L - - - - - - - - - -' 1 b ~ ~ :-- 7 I..!.;.,}:.. LANDSCAPE INSTALLATION IS COMPLETE AND ACCEPTED BY OWNER. GENERAL ... ;"." ;."'.
AREA. NO FILTER /;. ~""'tYI2>' r---------.-, ':i Y\. I ~,*"1~" CONTRACTOR TO SWEEP PAVEMENT AREAS PRIOR TO TURN OVER TO OWNER.
FABRIC UNDER ORGAN[ . 3 I I 00 (:J~ I 1..1 - 0 f ~..' i . I hereby certify .hot thi. plan,
MULCHES. PROVIDE I I L__________...I 1l9[!] [!]@J, 1 .~ ~~ [ o. I ~. ',I PL.ANT MATERIAL .pecilicotion,orreportwo. prepared
EOGINGe,ETWEEN I . I r-----I-----., . . I 0'~!I/!~. bymecrundermy-direot&upervieion.
PLANTINGS AND SOD. I I 0 ~')I 0 ~')I I tI}f 0 I. W' '~\it~",,, ROOT COMMON NAME ond thot I om 0 duly Iieen.ed
I I. L _ _ _ _ :1_ _ _ _ _.......1 I . . I ~ % QUANTITY SIZE TYPE 50TAN1CAL NAME Lond.copo Archileel under tho low. of
I jIt ;1' 0 0 0 0 .i- ' ~ Ihe 510'0 of Monne.oto.
I i. !tit 5 I' J Jc 1ta... b~T (.\ 5 2." CAL. Bo\.B NORTHERN PIN OAK 001. Roo. No. 19~06
\ Ii",) 7 I - (~.,,"~~~ ) Quercus ellic&Oldah& Slaned
I ~ Dl I 119 [!] [!] ~ 1 ~ 0 10 c f r I. :t- 0 7 2" CAL. B0\.5 5.0ULEVARD L[NDEN Rob.r'Mue".r
~ ~ 3il ~ I ~ I )/ rille orner-Icone 'Boulevard'
: . ~ I I . ...h ... ""' m I ~tI~l'$' 0 3 6' HT B0\.5 5LACK H[LL SP~UCE
: 1.1: 3 I 1 u.. I-LrtJ ~ 5001 I'. . . Piceoaloueoden.e'o.
! ~ I 1 . V I fl.U . (l\ 10 1.5" CAL. POT RED JEWEL CRABAPPLE
I , . _ I ~ l~f#II' 1IJt~ '0 Malue. IJewelcolel
! I . ~\ 1@[!]l90@J,. 0 f i..t # ~ 3 30" HT. POT SLIM JIM SCOTH PINE.ISPECIMEN QUALITYI
: I \ I 1 ~,i W Plnu. .ytvo.lr'. 'Slom Jim'
~' I . 1 ( . /.. r . '''' 0 TANNENBAUM MUGO PINE
1 'I . . . 21 30" HT POT
I . I . I IV I I I I . . . . Pinu& - muao ITonnellboum'
'" I f 1 I . I,~.
~ I I I. I( g.r-;u I I . W
~ : : ~ ~ I ~ 1119 [!] 19 [!] ~ I ' .~ f ~}. I ~ 0 28 1.5" CAL. POT ENDLESS SUMMER HYORANGEA cr
~ I I ~ I DO D I I / ". J/ l"ll ~ Hydronoeo mocrophyUo 'Endl... Summer' 0
t I I Ir-- I J - - - - - - - - " . !~~. 1 l': 0 14 2.4" SPR POT MICROBIOTA Z I- <t
I~ I I I ~ F=== / (~ IV . Mierobiolo deeu..oto 'Northern Pride' <c ....
':: I I I r= '----" I ~ if 0 81 " HT POT MINT JULEP JUNIPER t/) 0
g I I I I 1 f1~' (iJ . 30. Juniperu. ehlnon.i. 'Monlep' ..J en
~ ' " I 1 I a. w w
~ : ::: SOD ----------~-- ~ -------------------- ~v w " ~
~t ! I I I~A . ""Mr-... "' _""Mr-... _r---.. ------- ! a. Z ~-
~ \ I I I _7 - fV":.o,,' -- '.]V -------- r ----.- I . W :!!
~ \ I I -- ~~ W ~ -- _ \\ d 1 " ~. <c - ..
Sl \ I ISO D --l11f-. ~ P- ......'<:. 00 "OT CUT "A'N Le..... .. 0 w
~ 'I It~-. 1-- -----J -- - -~~..!:. --D~~ ---------S!; -'::!"-k l ',,\-t -,..-_..# I / 'eM. ."'''AOA''' ". ;... () Z Zw
ill' '- - ~~ - 5 0 0 A~ " - r. -. I MO..N .'ANe"... . . . ~^ W
~\ " I I -~ J i(A -~' .,.81 -lob ---;, 1f --_, MAINTAINNA.TUItALTl\eePOR!ot. ... . VI .0.
- , 'I....... ,~. ~ _OJ VL.. 'Ill!:.. -" -~ - . .. . > ::x: 0
~ \ ',- r, _ _______ ________ ___________ ___________ ~ .A'9' 0......{-_ SOD - - - :..... ~.'~ C .
g \ '~\, 'V ------........~y~~.~..;.._, '-__ ~~M~~:~M~~LeADe". "~:. Z Z <~
ra \, // \,~ \, ~...~....~ --..;.... ~DJl;eN eltANCHe5 .:.. . :..' 0 . <t
'" " / ,,- .... - ";1>... ~ . ~=: <c en::x:
- " / ... -.- . .. . --.;; JE~ STAKtNG' GU'rtNG ::., .';: ,,~ " .
~ "" / I I 6 I BOULEVARD LINDEN 2 I NORTHERN PIN OAK ____ .- t;... os "..0.0 . ..'" . ... ...I - (.) en
:ge. I{, I II I J ______ F" ~~~ ~::";NG ONI.Y NO. DATE DESCRIPTION
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News
Children Living Near Gas Stations at High Risk for Leukemia
February 02,2006
Children Living Near Gas Stations at High Risk for Leukemia
Families across the United States are becoming increasingly aware of environm.ental
hazards close to home, especially those posing health and safety risks to children. As a
result, many are shocked to learn that something as common as the neighborhood gas bar
can be threatening the lives of their children, releasing unmonitored levels of benzene into
the soil, air, and water supply. According to a recently published study by France's National
Research Institute, children living near gas stations are four times more likely to develop
leukemia, a lethal form of cancer.
Benzene is a highly toxic chemical present in crude oil and gasoline. According to the
Environmental Protection Agency (EPA), automobile service stations are among the major
contributors of benzene exposure in the environment. The major dangers are not in plain
view, but often result from faulty gasoline storage tanks buried underground. Excessive
benzene vapors can enter the air when tanks are refilled improperly. And too many cases
of gasoline tanks leaking have allowed dangerous levels of benzene to enter soil and water
supplies.
Chronic exposure to benzene involves fatal health risks, whether inhaled through polluted
air or ingested through tainted water sources. According to The Department of Health and
Human Services, benzene exposure contributes to the degeneration of the bone marrow
and it is a known carcinogen (cancer-causing agent).
The most alarming aspect is that very little legislation exists regarding the monitoring of
benzene emissions and leaks occurring at local automobile service stations. With nearly
200,000 gas stations across the country, the health and welfare of staggering numbers of
American families are at jeopardy. They are left. unaware and uninformed of dangerous
accidents, spills and leaks.
A recently published article from The Decatur Daily News, examines the plight of the Terry
family. In 1999, an underground gasoline storage tank leaked at the neighboring Bud's
Chevron, contaminating the groundwater beneath their property with benzene. However,
when discovered shortly thereafter by The Alabama Department of Environmental
Management (ADEM) and by Bud's Chevron, Petroleum Sales Inc. (PSI), no area families
were notified. The Terry family was unable to take any precautions to protect themselves
.
.
from potential hazards. Tragically, the Terry's6-year-old daughter Haley now suffers from
leukemia.
ADEM notified the Terry family in 2004, five years after the leak occurred. Currently, the
Terry family and four of their neighbors have file suit against the owner of Bud's Chevron,
PSI, for failing to notify them of the dangers presented to their families' health, and for
reducing the value of their properties. PSI's lawyer said that PSI had no legal obligation to
notify nearby residents of the leak, but was only required to notify ADEM. And apparently
ADEM is under no legal duty to inform nearby residents. A lack of legislation and policy
regarding immediate resident notification exposed the Terry family and their neighbors to
poisoned water supplies for years.
Any family living in close proximity to a gas station, or near a former gas station should be
entitled to know of any leaks, spills, or dangerously high levels of toxic vapors released into
the environment. Gasoline contains benzene, and any exposure through soil, water or air
can put a child's health, and potentially their life, at risk.
If you or a loved one have suffered benzene exposure related to a gas station leak or spill,
contact Jim Adler and Associates to discuss your case. Treatment for diseases such as
leukemia can be financially and emotionally debilitating. You could be entitled to financial
compensation for medical treatments, lost wages and pain and suffering. Jim Adler and
Associates have over 30 years of legal expertise and can protect your family's rights. Click
now on the link below.
1-800-683-8383
".
~.
J 3.6.
Date: Aprl-4-2006
Riverside Fields & Centex Home Al2Peal petition
Concerns regarding existence of a Gas station in
our neighborhood.
1. Noise pollution, light pollution & inviting strangers in.our neighborhood.
(Neighborhood commercial zoning Criteria # 1 has not been satisfied).
Criteria #1 The use will not be injurious to the use and enjoyment of other
property in the immediate vicinity for the purposes already permitted, nor
substantially diminish and impair property values within the immediate
vicinity;
Finding #1 The Boardfinds that the use will not be injurious to the use and
enjoyment of other property in the immediate vicinity for the purposes already
permitted, nor substantially diminish and impair property values within the
immediate vicinity, provided the conditions noted in the resolution are met.
Why we feel this Criteria has not been met.
. This area is very much a part of our neighborhood. The access roads to
this area touch our backyards. There isn't sufficient burming.
. How can a 24 hour gas station "not be injurious to the use and enjoyment
of our Homes "?
. Why would I enjoy my home if I know that there are strangers driving
past my yard every day at mid night? .
. How will I enjoy my home if I have to wake up at 1 :00 AM because
someone decided to play loud music in their car?
. The car wash closes down at 11 :00 PM to reduce noise, what about the
noise oflargevehic1es driving.down in the middle of the night.
This Criterion was made to protect residents & allow for proper planning
of the city of Shakopee.
We expect that the city council, planning commission & Board of appeals
should be sure that 1000/0 of the conditions in these criteria are met before any
decision is made.
","
;,,'
2. Traffic & Access roads (Neighborhood commercial zoning Criteria # 3 has
not been satisfied)
Criteria #3 Adequate utilities, access roads, drainage, and other necessary facilities
have been or will be provided;
Finding #3 The Board finds that adequate utilities, access roads, drainage, and other necessary
facilities exist to serve the proposed use, provided the conditions noted in the resolution are met.
Why we feel this Criteria has not been met:
. This neighborhood was not designed to accommodate 10 pumps & 20
fuelling stations & it should never be.
. There is very clear evidence that this area was planned with the purpose
of having buildings for professional services & establishments like
daycare, doctors offices etc.
. The width of the roads is very narrow, 9 feet in the location where 8 cars
per minute & 200 cars per hour would pass if this gas station does show
up in our neighborhood.
. It is very difficult to find a gas station with 10 pumps & 20 fuelling
stations in the metro area.
This Criterion was made to protect residents & allowfor proper planning of
the city of Shakopee~
We expect that the city council, planning commission & Board of appeals
should be sure that 1000/0 of the. conditions in these criteria are met before any
decision is made.
".
~~.'
3. Swimming Pool (Neighborhood commercial zoning Criteria # 1 has not been
satisfied).
Criteria #1 The use will not be injurious to the use and enjoyment of other property
in the immediate vicinity for the purposes already permitted, nor substantially diminish
and impair property values within the immediate vicinity;
Finding #1 The Boardfinds that the use will not be injurious to the use and enjoyment of
other property in the immediate vicinity for the purposes already permitted, nor substantially
diminish and impair property values within the immediate vicinity, provided the conditions
noted in the resolution are met.
Why we feel this Criteria has not been met:
. The swimming pool is in the immediate vicinity of the access road to the
gas station. The swimming pool was approved by the city of Shakopee.
. Ryland homes sold us our homes with the swimming pool as an
"enjoyment" component of our property. We will not be able to use the
swimming pool because of the gas station, so will this "not be injurious to
the use and enjoyment of other property in the immediate vicinity for the purposes
already permitted".
Clearly Criteria #1 has not been satisfied.
This Criterion was made to protect residents & allow for proper planning of
the city of Shako pee.
We expect that the city council, planning commission & Board of appeals
should be sure that 1000/0 of the conditions in these criteria are met before any
decision is made.
.
..
4. Health (Neighborhood commercial zoning Criteria # 1 has not been
satisfied).
Article # 1
Children Living Near Gas Stations at High Risk for Leukemia
February 02, 2006
Families across the United States are becoming increasingly aware of
environmental hazards close to home, especially those posing health and safety
risks to children. As a result, many are shocked to learn that something as
common as the neighborhood gas bar can be threatening the lives of their
children, releasing unmonitored levels of benzene into the soil, air, and water
supply. According to a recently published study by France's National Research
Institute, children living near gas stations are four times more likely to develop
leukemia, a lethal form of cancer... ..
'" please see handout
Article #2
Families living near gas stations or other petroleum product industries
can experience long-term effects without ever having short-term effects
because repeated long-term effects can occur at levels not
high enough to make you immediately sick. This is especially true for
children or people who are already ill.
Article # 3
11"18 ....~. Linked To Risk Of .Childhood Leukaemia
"""""""",."" .",~d*lm%",;;%.l"f1_
Living close to a garage or 11111 station may quadruple the risk of acute
childhood leukaemia, suggests research published in the journal Occupational
and EnvironmentalMedicine. The findings are based on 280 cases of acute
childhood leukaemia and a comparison group of 285 _ matched for sex. The
~e drawn from four hospitals in France and almost two thirds (60%) of
the;!: ... with leukaemia were aged between 2 and 6.
Why we feel this Criteria has not been met:
. Because children are at a risk in our homes.
.
, .
.
Conclusion
· We want a thorough, real & independent Traffic Study to be done by
the city & then measure that against the demographics of our
neighborhood & the vicinity of homes & swimming pool before even a
preliminary permit is given.
This will give a real picture of how this gas station is going to change
the enjoyment of our homes.
· We the residents may decide to measure the noise & pollution that this
gas station will cause in our homes by various means including but not
limited to the use of recording devices & video cameras in our
backyards. We will use this proof to prove to those who still disagree
with our concerns.
· Any resident that we have talked to in our neighborhood (close to 100+
homes) is opposed to this, does the city not care of this fact, does the
city not realize that there is something wrong here, or is it that 100+
residents are making too much of something insignificant.
. In the next 10-15 years if there are multiple accidents next to the
swimming pool especially involving children, we the residents will be
back with these very documents & these very facts that had been
presented to the city.
. If a gas station will eventually. show up in our neighborhood, we want
to have the city to add a condition that the CUP be reviewed annually
& we will not accept a 24 hours gas station so close to our homes. We
will take whatever action is necessary to stop this from happening.
. If the value of our properties does go down, we will pursue all channels
to make things right.
. Ryland Homes, Centex Homes have not been forthcoming with this
information, they do not care. The developers do not care. We have the
city to look out forus.
. Residents bought this property by trusting the city to do its job & plan
in a manner that is consistent with aresidential property. We still have
faith the city will seriously look at our side of the story.
Residents of Riverside Fields & Centex Homes
j
~
p)
--
1l
Appeal to Honorable Mayor & Members
of the City Council
- The Residents of Riverside Fields Community
April 4th, 2006
<
. The objectives of this presentation are to:
- Bring to the attention of members of the City Council, the
concerns of the community residents with regard to the proposed
Kwik Trip Gas Station
- Request a healthy debate on the issues
- Urge the elected members to
· reiect the pro/Josal for a gas station in our neighborhood
and/or
· mitigate the future risks bv providing solutions to the
issues/concerns presented
)
. Safety, Peace & Harmony
- Traffic near the pool & in the Community
- Strangers in the Community at Nights
- Road Access Issues
. Pollution
- Noise
- Light
- Chemicals
. Health Hazards
- Chemicals
c
"Neighborhood Commercial": Issues and
Concerns of Residents
Subd. 1. Purpose._The purpose of the Neighborhood Commercial zone is to provide areas for the
development of low-intensity, service-oriented uses for surrounding the immediate residential
areas. Immediate residential areas are understood to be those that are generally within five (5)
minutes walking distance of a neighborhood commercial area. (Ord. 563, November 25, 1999)
. This ordinance was written specifically to protect
residents and neighborhoods exactly like the one we live
in. There are five specific uses that are permitted by
neig h borhood
- commercial- retail;
- administrative, executive, and professional offices;
- medical or dental clinics;
- services; and public buildings.
· The Kwik Trip Gas Station, as proposed, is neither of
low intensity nor will be used mainly by immediate
residential areas.
. It is important to look at the description & true intent of
"Neighborhood Commercial" and to hold all
establishments to the required standards such as
- low intensity
- services are more likely to draw the business of the immediate
adjoining neighborhood.
- The purpose of a conditional use permit is so that the
establishments that are placed in a particular area (this one
happens to be adjacent to homes whose values approach
$400,000 to $500,000) can be limited with certain conditions so
that each may exist in harmony with one another.
. The proposed plan asks for ten pumps with a total of twenty fueling stations.
. A gas station of this magnitude is bound to make a significant impact on
traffic and is not low intensity.
- The closest gas station in a zoning of B-1 has only six pumps and twelve
fueling stations; significantly fewer than the Kwik Trip is proposing.
- We have yet to find another gas station in the metro area that has more
than 6 pumps other than the Kwik Trip (on Co. Rd. 83 and Co. Rd. 42) and
the Sam's Club gas station.
- In keeping with the idea of neighborhood commercial, this station should
have at a minimum the same amount if not fewer than other gas stations in
the metro area.
- This commercial development will be as much a part of the neighborhood as
any of the residential homes and its proximity makes it unique to any other
development we have seen in Shakopee
. Proposed Solution: Limit the number of pumps to 6
- We believe that with the exceptional service Kwik Trip claims to have that
given the location it will flourish even with only six pumps
- Limiting operating hours to 5.00 8.m to 11 .00 p.m.
. A 24 Hour Operation will
- negatively impact the resident's safety, peace of mind and enjoyment of
their home and neighborhood.
- Encourage unwarranted traffic and people throughout the entire night
with the associated noise & light pollution
- Kwik Trip agreed to close the car wash at 11 p.m. to 7 a.m. because of
the impact the noise might have on the neighbors but somehow they
have swept aside the question of how the introduction of trucks
and strangers at those same hours will impact the neighborhood
. This does not follow the intent of neighborhood commercial
- Low intensity
- Neighborhood usage etc.
. As Residents we will NOT ACCEPT 24 Hour usage AND will
continue to APPEAL through all channels & avenues available
to us.
· Raman Patole - Another community Resident has done the
research & will present his findings from real scientific data.
City's Criteria for CUP - Many Not Met
Criteria #1 : "The use will not be injurious to the use and
enjoyment of other property in the immediate vicinity for
the purposes already permitted, nor substantially
diminish and impair property values within the immediate
vi c i n i ty; "
Residents' Finding:
· Conducted Informal survey of 3-5 Realtors &
Appraisers
- we have found that the value of property adjacent to
& in the neighborhood of such commercial
establishments is significantly (adversely) affected.
- Gas Station, among them, is a top depreciation
element.
. How can a 24 hour establishment next to a residential
neighborhood be ENJOY ABLE?
. How can oil tankers and semis passing through our
community swimming pool and back yards at all times of
day and night be ENJOYABLE?
· Who will want to buy homes approaching nearly a half
Million dollars with a Gas Station welcoming them into
the community? For some of these homes, this gas
station will be their backyard ornament.
. Proposed Solution:
- Reject the proposed Gas Station on the grounds that this criteria has
not been met
- Set appropriate conditions that need to be met and get appraisals done
by Scott County or independent appraisers. The onus is on the
Approvers to be sure of the findings.
.,
Criteria #3: "Adequate utilities, access roads, drainage, and
other necessary facilities have been or will be provided;"
. Residents & City Council findings: All of us have agreed
to this point that this criteria has clearly not been met
including the city council and the dissenting vote in Board of
Planning Commission:
- The traffic study done earlier was not meant for this type of usage.
- The Roads have not been designed to serve 50 foot tanker trucks,
- The approved plans show inadequate buffering between the
commercial lots & the community and hence never assumed this
type of usage
. Access to these establishments should be considered with careful
considerations of vehicle movements of all sizes and shapes and the
ggjacency to the pool.
- There is currently no way for a semi-truck, gas-tankers or even a 24 foot U-
haul to exit out of the commercial development without driving through our
neighborhood.
- These types of vehicles do not have a street radius large enough to make a
turn with out having impact with the curb or median.
- Attached is our visualization of what this looks like using the Scott county
GIS Maps.
- At the last meeting of the City Council on Feb 21st, Honb'le Mayor was very
~oncerned about the types of establishments planned and the access
Issues.
- The preliminary plat was approved with conditions that developer/tenant will
do the updates to access as needed in the future.
- We would like the Traffic study & finalization of access issues prior to any
usage being approved even preliminarily. The have been multiple proposals
for access.
. This is a problem that needs to be solved before any permits are approved
as every establishment in this development will have some sort of delivery
truck that will not be able to exit without severely impacting a residential
neighborhood.
. The adjacency of to the pool for ALL TRAFFIC coming out of the
commercial lot has been completely ignored. How many pools are there in
. Per previous discussions and pictures that were shared,
how. will the proposed additional traffic not hinder the
safety and enjoyment of the community?
. To kindly resolve the issue of Access before approving
an establishment that will bring greater and undesirable
traffic to the community.
. How will safe movement of community traffic,
pedestrians, bikers etc. be assured?
. Proposed Solution :
- Reject the proposed Gas Station on the grounds that this criteria has
not been met
- Set appropriate conditions that need to be met to completely to assure
safe and efficient movement of all kinds of traffic in, to, from the
community
· Criteria #4: " The use is consistent with the purposes of
the zone in which the applicant intends to locate the
proposed use;"
· Residents Finding: Although a gas station is one of the
uses permitted with conditional use, we believe that
because of the proximity of the commercial area that
these conditions need to be strict and severely limit the
impact this type of establishment will have on the
surrounding residents.
. How was Swimming Pool approved at a location where we will see a
lot of traffic to and from the Gas Station?
. What is the purpose of Planning? Why are builders & developers
allowed to get away with this?
. Apparently the builders & developers have had this use in mind for
over 2 years.
. The residents buy properties with the trust in the process that the
City's planning for the future will approve things that are in harmony
with prior approvals & not in contradiction of them
. Proposed Solution:
- Reject the proposed Gas Station on the grounds that this criteria has
not been met
- Set very strict conditions that have to be met to assuage the concerns of
the residents who we believe are your primary constituents
,
Our Appeal: Be Our Advocate
· We believe that it is the duty of the Council to
protect residents against businesses that would
negatively impact the enjoyment, quality of life,
safety and property values of our neighborhood and
thereby putting the citizens well-being before the
profit of companies like Kwik Trip.
· We elect you as representatives to look out for our best
interests and we believe we have pointed out our
concerns & issues
- which clearly leads to NO GAS ST A TION or any usage which
requires high intensity traffic flow
· We urge you to reject the proposed Gas Station and
request the developer to consider other Low-Intensity
usage for these commercial lots
- We would welcome the usage of Small Office Building, Child
Care Center, Doctor's Office, Bank, Health Clinic, small sit-down
Restaurants, etc.
- We will support & encourage such establishments by providing
our business to these establishments
. Overall Plan: It is responsibility of this body to consider
drastic changes to the overall pre-approved plans if new
plans are to be considered & criteria defined are to be
met:
- The Swimming Pool needs to be moved a better location in
the community for the safety of our Children and residents by
the CITY
. The builders & developers should be able work with the City to
get this done
. This is an insignificant investment in the scheme of $4 million
to build the Gas Station, Redesign and development of the city
roads & intersection on Crossing Blvd
. Usage Conditions:
- No 24 hour usage for ANY proposed usage for the safety of
the residents
- Number of Pumps to be maxirpum 6
- Height of Burming at least 5 feet
- Traffic Design to accommodate the type of usage
- No big Gas Station Signage and very subtle signage on the
building.
- ONL Y 1 for the entire set of commercial establishments
towards the proposed Cty Rd 21
- No Liquor License
- No Cigarettes
- No Loudspeakers & music other than to make emergency
announcements
Thank You
,
Appendix
,
. The reason for this feedback is not about positive outcome but real concern
about how city's planning commission listens and discusses issues
presented to them in the realm of powers given to them.
. As engaged residents of the Shakopee city & the community we were very
disappointed with the working of the Board:
- The was no healthy debate or discussion on the issues & concerns
presented by the residents
- Residents were accosted for bringing facts to the table
- There was no discretion applied to. the CUP which is the purpose of going to
the planning commission
- They seemed to be a sign off authority on Staff's finding
- A Board with significant responsibility and powers need to show the
residents a fair listening and empathy to-wards their concerns
- There were casual remarks about" this is a 24 hr world"
- The chair & the commission did not generate any level of confidence among
residents that they ever had a chance of being heard.
- The planning commission member who proposed the motion dissented later
on the ground that criteria 3 was not met was funny & absurd. He did not
bring it even for discussion earlier that he thought is was not met.
,
. .
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